7510 Sunset Blvd #1401 , CA, 90046, USA

Tel : 818 668 3304

Email: info@ lensology.net www.lensology.net 

### Date: 02 / 0 1 /2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

This petition is being submitted on our behalf without legal counsel or consulting

services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, Lensology LLC, a full service photography and video production company, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft System (sUAS) (UAS FAA Certificate Number FA37KHN99T) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as su ch operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

The requested exemption would permit Lensology LLC to pursue its commercial interests in providing services to client s using a small advanced sUAV in the following

areas:

• Real Estate • Marketing • Surveying

• Industrial • Special Events

Lensology LLC states that all sUAS flights will occur over private or controlled access property will do so with the property owner’ s consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where videography will take place.7510 Sunset Blvd #1401 , CA, 90046, USA

Tel : 818 668 3304

Email: info@ lensology.net www.lensology.net Regulations from which exemption is requested: 14 C.F.R. Part 21

14 C.F.R. 45.23(b) 14 C.F.R. 61.113(a) & (b) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109
14 C.F.R. 91.119

14 C.F.R. 91.121 14 C.F.R. 91.151(a) 14 C.F.R. 91.203(a) & (b) 14 C.F.R. 91.205(b)
14 C.F.R. 91.215

14 C.F.R. 91.401

– 91.417

Unmanned Aircraft System

sUAVs are often seen as supe rior to helicopters as an aerial photo/ video gathering platform due to the smaller devices cheaper equipment and personnel cost, no inflammable fuel, reduced noise and as such, a much smaller environmental impact

, all

of which promotes public safety.

This exemption would permit commercial operation by Lensology LLC, which uses DJI’s

Phantom 3 Pro fessional

, (UAS FAA Certificate Number FA37KHN99T) to conduct sUAS education, real estate photography, and videography, survey photography, and videography, film a nd movie production, and demonstration fligh ts.

Lensology LLC’s operation under the exemption will be subject to strict operating requirements and conditions to ensure an equivalent level of safety to currently authorized operations using manned aircraft a nd under conditions as may be modified by the FAA as required by Section 333.2

These specifications meet with the Model Aircraft Operating Standards as set below:

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer a nd will operate at sites that are ‘sufficient distance’ from populated areas within the sterile area described in the FOPM. Such operations will ensure that the sUAS will “not create a hazard to users of the national airspace system or the public.”7510 Sunset Blvd #1401 , CA, 90046, USA

Tel : 818 668 3304

Email: info@ lensology.net www.lensology.net • When flying the sUAS within three (3) miles of an airport, airport operators will be notified and the operator will give the right of way to avoid flying in the proximity of full

scale aircraft. Maximum flight time for each operation will be 30 minutes.

• Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight time to safely land the sUAS.

• The sUAS will be programmed so it will not be operated at an altitude that exceeds 400 feet AGL, and not more than 200 feet abo ve an elevated platform from which videography is planned.

• Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS observer, and the camera operator.

• The sUAS operated by the petitioner weighs less than 25 pounds, including all pa yload (i.e. camera, lens, and stabilized gimbal).

• The sUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally.

• Given the small size of the sUAS and the restricted sterile environment wi thin which it will operate, Lensology LLC’s operations adhere to the Reform Act’s safety requirements.

Under the requested exemption, Lensology LLC ensures all operators have completed sUAS education and training programs including all applicable regulati ons and guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic sUAS Aerodynamics; Weather factors; Airmanship and

D ecision making and Safe Operations Procedures.7510 Sunset Blvd #1401 , CA, 90046, USA

Tel : 818 668 3304

Email: info@ lensology.net www.lensology.net We respectively request exemption under Section 333 to enable Lensology LLC to operate efficient, limited, low

- risk commercial sUAS operations for the activities stated respecting at all times the spac e and privacy of citizens and property while keeping airspace safe.

Sincerely submitted,



## Gareth Thomas

Gareth Thomas

Director

- Lensology LLC 7510 Sunset Blvd #1401, Hollywood CA 90046, USA

.7510 Sunset Blvd #1401 , CA, 90046, USA

Tel : 818 668 3304

Email: info@ lensology.net www.lensology.net EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Lensology LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Phantom 3 under either, or both, of the following pro visions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniqu es, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certif icates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used
(b) for commercial purposes such as market surveys, sales de monstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational require ments. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous pa ragraph.7510 Sunset Blvd #1401 , CA, 90046, USA

Tel : 818 668 3304

Email: info@ lensology.net www.lensology.net 14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display

th e word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, but does have a registration number assigned to it by

the FAA FA37KHN99T which will be displayed on the aircraft at all times as per FAA regulation.

We propose to achieve an extra level of safety by also in cluding the word

"EXPERIMENTAL" on the aircraft, where the PIC, VO and others in the vicinity of the
aircraf t while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will displa y at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner should be visible to anyo ne that observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person who holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only inc idental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraf t cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application

is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness

certificate.

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.7510 Sunset Blvd #1401 , CA, 90046, USA

Tel : 818 668 3304

Email: info@ lensology.net www.lensology.net 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft u nless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement sinc e the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of

91.9, we propose that a current, approved sUAS Flig ht Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight

tests.

The regulation states "No person may operate a civ il aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground based control station consists of a hand held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands

on" the controls during flight, this technique meets the intent 91.109 and provides an equivalent level of safe ty.

91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photogr aphy or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons , vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.7510 Sunset Blvd #1401 , CA, 90046, USA

Tel : 818 668 3304

Email: info@ lensology.net www.lensology.net CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict

with other aircraft. An Above Ground Level altimeter measurement above the takeoff

po int is transmitted via radio from the sUAS on board computer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day vFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety b uffer for delays to landing. The sUAV is battery operated and the maximum duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM from the point of intended landing, a full batter y charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certification s required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certifi cate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co located with the crew at the ground control station and available for inspection upon request . In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the re quirement of 14 CFR

45.23.7510 Sunset Blvd #1401 , CA, 90046, USA

Tel : 818 668 3304

Email: info@ lensology.net www.lensology.net 14 CFR Subpart E 91.401 91.417 Maintenance, Preventive Maintenance,

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including complianc e with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and

firmware for the on board computer. All other maintenance will be performed by the manufacturer or their designated repair fac ility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.